What types of conduct have been found to be sexual harassment?
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UPDATED: Jul 18, 2023
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UPDATED: Jul 18, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Sexual harassment is far broader than a threat along the lines of: “If you want to keep your job, you’ll have to go to bed with me.” Supervisors, co-employees, or even customers and vendors can sexually harass an employee. Courts and agencies — after considering all of the circumstances in the particular cases — have variously found the following types of conduct to be illegal sexual harassment:
- Repeated sexual innuendo, obscene or off-color jokes, slurs, lewd remarks and language, and other offensive sexual comments;
- Content in letters and notes, facsimiles, e-mail, graffiti that is of a sexual nature or sexually abusive;
- Sexual propositions, insults, and threats;
- Sexually-oriented demeaning names;
- Persistent unwanted sexual or romantic overtures or attention;
- Leering, whistling, or other sexually suggestive sounds or gestures;
- Displaying pornographic pictures, calendars, cartoons, or other sexual material in the workplace;
- Coerced or unwelcome touching, patting, brushing up against, pinching, kissing, stroking, massaging, squeezing, fondling, or tickling;
- Subtle or overt pressure for sexual favors;
- Coerced sexual intercourse (e.g., as a condition of employment or academic status).
If you have experienced any of this behavior on the job, consider seeking legal help to find out whether you may have a case for sexual harassment.
Case Studies: Types of Conduct Found to Be Sexual Harassment
Case Study 1: Unwanted Advances and Comments
Sarah, a dedicated employee at a marketing firm, started experiencing unwelcome advances and inappropriate comments from her supervisor. He would make suggestive remarks about her appearance and regularly invade her personal space. Despite expressing her discomfort and requesting him to stop, the supervisor persisted with his behavior, creating a hostile work environment for Sarah. Recognizing the severity of the situation, Sarah decided to seek legal assistance. She consulted with an attorney specializing in employment law and sexual harassment cases.
Together, they gathered evidence, including witness statements and any written communication related to the supervisor’s inappropriate behavior. With the attorney’s guidance, Sarah filed a complaint with the appropriate regulatory agency and pursued legal action against the company. The case proceeded to court, where the judge determined that Sarah had indeed experienced sexual harassment as defined by the law. The company was held liable for failing to address the supervisor’s conduct, and Sarah was awarded compensation for the emotional distress she endured.
Case Study 2: Quid Pro Quo Harassment
John, a dedicated employee in a high-pressure sales environment, found himself in a difficult situation when his manager demanded sexual favors in exchange for a promotion. Fearful of the consequences for his career, John reluctantly acquiesced to the manager’s demands. Feeling violated and seeking justice, John reached out to an attorney specializing in workplace sexual harassment cases. The attorney helped John gather evidence, including emails and text messages that documented the manager’s explicit demands.
They also obtained witness statements from colleagues who were aware of the situation. With strong evidence in hand, John filed a lawsuit against the company and his manager for quid pro quo sexual harassment. The case went through the legal process, and the court found in favor of John, ruling that he had been subjected to illegal sexual harassment. The company was held accountable for the actions of its manager, and John received compensation for the emotional distress and career setbacks he experienced.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.